278. See HUD REPORT, supra note 201. 279. One panelist who is a fee-for-service broker explains this as his "flat-fee plus" choice, where, in addition to noting the home in the MLS and positioning it on numerous sites, he supplies the seller support once the purchaser is discovered. In addition to the flat charge rate of $495 paid at time of listing, the "flat-fee plus" choice needs the seller likewise to pay $1,500 at closing.
at 68 (describing the option). 280. In an address at the beginning of the Workshop, (then Acting) Assistant Attorney General Of The United States Thomas Barnett observed that minimum-service laws and guidelines can be considered as no different from states passing a guideline that says: "When I walk into McDonald's and purchase a hamburger, I'm informed that I likewise need to purchase some french fries, because the state has chosen that it might be deceptive or deceptive or bad if I only got the hamburger, paid for it and didn't understand I wasn't going to get the french fries." Barnett, Tr.
Similarly, at a wesley financial group lawsuit recent Congressional hearing on competition in the property brokerage market, Agent Baker analogized minimum-service laws and guidelines to needing a consumer to have his or her entire home painted when she or he only wanted the patio painted. See Hearing, supra note 1, at 30 (statement of Rep.
Baker, member House Comm. on Financial Solutions), offered at http://frwebgate. access.gpo. gov/cgi-bin/getdoc. cgi?dbname= 109_house_hearings & docid= f:31541. pdf. 281. See Farmer, Tr. at 105 (keeping in mind that he completes versus conventional "agents out there that deal little or no worth to the deal."). 282. See Lewis, Tr. Additional hints at 179 (" While some customers may be advanced sufficient to represent themselves in some or all of the actions of a deal, most are not.").
22, 2005, available at http://realtytimes. com/rtcpages/20050422 _ dojstepsin. htm (estimating Texas Association of Realtors declaring that minimum-service guidelines would prevent consumer confusion); Peter G. Baker, Working With a Broker: Should You Expect Less?, REAL ESTATE TIMES, Apr. 11, 2006, available at http://realtytimes. com/rtcpages/20060411 _ hirebroker. htm (" [Government agencies] argue that with disclosures and waivers customers need to have the ability to decline any brokerage service or obligation.
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We do not, for example, enable consumers to save money by hiring doctors who cut expenses by not sterilizing surgical instruments or washing their hands."). 283. See Darryl W. Anderson, Minimum-Service Requirements in Property Brokerage: An Action to Maureen K. Ohlhausen, ANTITRUST SOURCE, Jan. 2006, at 3-4 (arguing that minimum-service requirements are procompetitive because they promote cost negotiations prior to entering a representation agreement over what a fee-for-service broker will charge for all the services required by law).
See, e. g., GAO REPORT, supra note 3, at 16. 285. Thorburn, Tr. at 96. 286. Farmer, Tr. at 73. 287. In addition, in response to an FTC survey, participants from Colorado, North Dakota, Vermont, and Washington noted that grievances versus restricted service brokers were minimal or nonexistent. The questionnaire is readily available at http://www.
htm. 288. Our evaluation of fee-for-service broker sites exposes that consumers appear to have all set access to prices that fee-for-service brokers charge for extra services beyond the MLS-only choice in advance of entering into a legal relationship. This finding weakens a necessary condition for the hold-up theory to be possible that customers only discover the costs for additional services after they have actually entered into a special listing arrangement.
Ohlhausen, Minimum-Service Requirements in Property Brokerage: A Reply to Darryl Anderson, ANTITRUST SOURCE, Mar. 2006 (discussing numerous theoretical and empirical reasons the hold-up theory does not appear to use to fee-for-service brokerage). 289. See Farmer, Tr - how to become a real estate broker in florida. at 71-72. 290. Kunz, Tr. at 82-83. See likewise Perriello, Tr. at 152 (speaking for Cendant, and stating that "our company believe that customers.
ought to be able to select their service models as well as the provider of those services, whether they be minimal service or full-service"). 291. Sambrotto, Tr. how to become a real estate agent in va. at 116. 292. Farmer, Tr. at 72. 293. PATRICK WOODALL & STEPHEN BROBECK, CUSTOMER FEDERATION OF AMERICA, HOW THE REALTY CARTEL DAMAGES CONSUMERS AND HOW CONSUMERS CAN PROTECT THEMSELVES (June 2006), available at http://www.
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pdf. 294. Id. at 4-5. 295. See, e. g., Lewis, Tr. at 178-79; Sambrotto, Tr. at 114; Farmer, Tr. at 115. 296. Whatley, Tr. at 45-46. 297. See Katherine A. Pancak et al., Property Agency Reform: Satisfying the Needs of Buyers, Sellers, and Brokers, 25 PROPERTY L.J. 345, 350 (1997) (noting that firm relationships can be produced by actions).
Whatley, Tr. at 48. 299. Avoiding fee-for-service listings without disclosure to purchasers, nevertheless, might raise issues concerning the satisfaction of fiduciary duties. 300. See supra Chapter I.B. 1. 301. Blanche Evans, Where Realty Associations Stand On MLS-Entry-Only Listings, REALTY TIMES, Feb. 24, 2005, offered at http://realtytimes. com/rtapages/20050224 _ mlsentryonly. htm. 302. OHIO CODE 4735.
18 of the Revised Code and settlements performed by a licensee pursuant to the authorization will not produce or imply a company relationship in between that licensee and the client of that exclusive Discover more broker."). 303. VA CODE 54. 1-2132( C) (effective July 1, 2007) (" A licensee engaged by a seller in a property deal may, unless restricted by law or the brokerage relationship, supply help to a purchaser or prospective buyer by carrying out ministerial acts.
304. WIS. CODE 452. 133 (6). 305. Sambrotto, Tr. at 90. 306. ForSaleByOwner. com Corp. v. Zinnemann, 347 F. Supp. 2d 868, 872 (E.D. Cal. 2004). 307. Id. at 879. 308. United States v. Realty Multi-List, 629 F. 2d 1351, 1374 (5th Cir. 1980) (" [W] hen broker participation in the [MLS] is high, the service itself is financially successful and competition from other listing services is doing not have, guidelines which welcome the unjustified exemption of any broker must be discovered unreasonable.").
See, e. g., Thompson v. Metropolitan Multi-List, Inc., 934 F. 2d 1566, 1579-80 (11th Cir. 1991); Austin Bd. of Realtors v. E-Realty, Inc., No. Civ. A-00-CA- 154 JN, 2000 WL 34239114, at * 4 (W.D. Tex. Mar. 30, 2000). A conversation of the different private lawsuits involving alleged MLS-related restraints is beyond the scope of this Report.
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For a discussion of unique company contracts and other kinds of noting contracts, see supra Chapter I.A. 2. 310. See Farmer, Tr. at 74-75; Sambrotto, Tr. at 90. 311. NAR 2005 STUDY, supra note 38, at 29-30. 312. Austin Bd. of Realtors, FTC Dkt. No. C-4167; Info and Real Estate Solutions, LLC, FTC File No.
051-0065; Williamsburg Location Ass 'n of Realtors, Inc., FTC File No. 061-0268; Realtors Ass 'n of Northeast Wisconsin, Inc., FTC File No. 061-0267; Monmouth County Ass 'n of Realtors, Inc., FTC File No. 051-0217. 313. See, e. g., Info and Property Solutions, LLC, FTC File No (how to invest in real estate with little money). 061-0087, at 6 (2006) (analysis to help public comment), readily available at http://www.
pdf. 314. See, e. g., Austin Bd. of Realtors, FTC Dkt. No. C-4167, at 17 (2006) (grievance), offered at http://www. ftc.gov/ os/caselist/0510219/ 0510219AustinBoardofRealtorsComplaint. pdf. 315. Id. at 27. 316. See MiRealSource, Inc., FTC Dkt. No. 9321 (2007) (decision and order), readily available at http://www. ftc.gov/ os/adjpro/d9321/ 070323decisionorder. pdf. 317. See, e. g., United Realty Brokers of Rockland, Ltd., Dkt.
